Hess, Harry Rodgers Renew Efforts to Get Retrial Moved

January 11, 1977

Two codefendants of Maryland Gov. Marvin Mandel yesterday renewed motions to move their retrials on political corruption charges out of the Baltimore Washington Area.

Lawyers for W. Dale Hess and Harry W. Rodgers III said their clients have been put in a "hopeless position" for a fair trial as the result of "saturation publicity about jury tampering" that accompanied the declaration of a mistrial last month.

The defendants asked that a second trial be held at least 200 miles from Baltimore, noting that "realistically, nobody equates jury tampering . . . with anything except wrongful benefit to the defendants."

Additionally, Thomas C. Green, who represents Rodgers, filed papers alleging that the mistrial "had its origin in conduct attributable in significant part to the government," and urged that the charges be dismissed, saying further prosecution would amount to double jeopardy.

U.S. District Court Judge John H. Pratt declared a mistrial Dec. 7 after several of the junors learned of two alleged attempts at obstruction of justice. Jurors had heard 13 weeks of testimony in a trial that was expected to last another month or so.

At his request, Pratt has been replaced. His successor, U.S. District Court Judge Rober L. Taylor of Tennessee, will hear arguments on the various motions inBaltimore on Wednesday.